REPORT TO COUNCIL
SUBJECT
Title
Review and Adopt a Long-term Advocacy Position (LAP) Related to the Levine Act
Report
BACKGROUND
At the April 23, 2024 meeting, Council directed staff to return with proposed language for a new long-term advocacy position related to the modernization of the Levine Act.
This report presents a new Long-Term Advocacy Position (LAP) for Council's approval, which enables City advocacy on pending legislation and issues based on this policy statement.
EXISTING POLICY
Council Policy 7.4.14, Legislative Advocacy Positions
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378 (a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
DISCUSSION
In 1982, the Legislature passed, and Governor Jerry Brown signed the Levine Act, which applied to state and local bodies in which the members were not directly elected by the voters. The purpose of the Act is to prevent officials from using their authority as government officials to demand campaign contributions from applicants. At that time, the Act did not apply to legislative bodies, such as city councils, county boards of supervisors, and the Legislature. In 2022, the Legislature passed, and the Governor Gavin Newsom signed SB 1439 (Glazer), Chapter 848, Statutes of 2022, which expanded the Levine Act to include local legislative bodies in which the members were directly elected by the voters.
The City does not have a policy position allowing advocacy on the Levine Act. To support this topic, a new long-term advocacy position such as the following would need to be adopted by Council:
"Support efforts to achieve the goals of the Levine Act while providing clear and understandable rules that do not unreasonably limit officials' ability to pa...
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